beta
(영문) 대전지방법원 홍성지원 2017.11.29 2017고단750

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2017, around 20:40, the Defendant driven a BMW car at a section of about 2 km from the front of the Yang cafeteria, which is located in the Mannam Budget-gun, to the front of the same military-affiliated Myeon, in the front of the Haon elementary school in the same military-affiliated Domine, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of enforcement manual and Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and the Defendant’s age, sex, environment, circumstances before and after the instant crime, etc., the sentence as ordered shall be determined as well as all the conditions of sentencing indicated in the records.

The fact that the crime of this case is committed, and there is no record of being punished more than a suspended sentence, and there is a record of being punished several times for the same crime.